What Do You Think? Employers can generally avoid paying worker’s compensation benefits by showing that the worker is an independent contractor. Only it’s not always clear. One case highlights some of the signs courts look […]

What Do You Think? Georgia’s Rycroft defense can help an employer avoid paying workers’ compensation benefits in certain circumstances where the employee made a fraudulent misrepresentation about her pre-existing physical injuries. But what happens if the company […]

What Do You Think? New Hampshire’s statute of limitations period for filing a workers’ compensation claim is generally three years. A recent ruling from the state’s high court addresses whether, in the case of death […]

What Do You Think? Courts generally weigh multiple factors when determining whether an injured employee is unable to return to work for purposes of a PTD award. A Kentucky case involving a hospital nurse illustrates […]

Can You Solve The Case? Part II The Clues and the Conclusion If you selected A, you agreed with the court in Smith v. Campbell Industries, Inc., No. 2024-CA-0348 (La. Ct. App. 02/11/25). There was no doubt that […]

Can You Solve the Case? A case involving a P.I. caught in the act and an employee with a back injury illustrates the importance of accurate surveillance reports when using video to establish workers’ compensation […]

What Do You Think? An employer generally has discretion to choose among reasonable accommodations for purposes of ADA compliance. A case involving a Maryland pest control technician for Orkin addresses the question of whether putting […]

When an employee of a West Virginia company is injured while working in another state, which state pays? As one case shows, this tends to hinge on how long the claimant worked in the other […]